Modifications to joint artificial intelligence research, development, and transition activities

(a) In general Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.) is amended— (1) in subsection (a)— (A) by amending paragraph (1) to read as follows: (1) In general The Secretary of Defense shall maintain within the Department of Defense a set of activities, led by the Chief Digital and Artificial Intelligence Officer (referred to in this section as the CDAO), to coordinate the efforts of the Department to develop, mature, and transition artificial intelligence technologies into operational use, and to prepare the Department for the national security implications of artificial general intelligence and other forms of highly advanced artificial intelligence.; and (B) by adding at the end the following new paragraph: (3) Artificial general intelligence preparedness The set of activities established under paragraph (1) shall include a dedicated initiative (referred to in this section as the AGI Preparedness Initiative) to— (A) study and prepare for the national security implications of artificial general intelligence; (B) analyze strategic competition with the People’s Republic of China and other adversaries with respect to artificial general intelligence and highly advanced artificial intelligence; and (C) develop countermeasures against adversary artificial intelligence-enabled military capabilities.; (2) in subsection (d)— (A) in paragraph (2)— (i) in subparagraph (J), by striking and at the end; (ii) in subparagraph (K), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following new subparagraphs: (L) review relevant industry, scientific, and classified documents describing artificial general intelligence and other forms of highly advanced artificial intelligence, including the preparedness frameworks, scaling policies, and risk management frameworks of advanced artificial intelligence developers; (M) develop and maintain an internal set of definitions for the Department that characterizes tiers of artificial general intelligence to inform intelligence collection requirements, program and procurement requirements, and national strategy around advanced artificial intelligence competition, with emphasis on describing the capabilities of artificial intelligence systems with the most significant impacts for national security and strategic competition, including chemical, biological, radiological, and nuclear capabilities, advanced cyber capabilities, model autonomy, strategic deception, advanced research and development capabilities in military domains, and advanced research and development capabilities for producing increasingly powerful artificial intelligence; (N) develop and conduct unclassified and classified scenario exercises, wargames, tabletop exercises, and other similar efforts to understand how artificial general intelligence and advanced artificial intelligence capabilities could present acute national security risks or crises, pose risks to existing Department operational plans, or create strategic opportunities for the United States; (O) develop preparedness plans detailing governmental response strategies to scenarios described in subparagraph (N), including detailed information describing how the Department would coordinate with relevant United States entities, including advanced artificial intelligence developers, compute cluster providers, and relevant government officials, in the event of an acute national security risk or crisis; (P) identify potential gaps in the Department’s authorities, relationships, personnel, or other factors that could affect the Department’s ability to address scenarios described in subparagraph (N) or execute plans described in subparagraph (O); (Q) develop a detailed approach to limit the proliferation of artificial general intelligence and other highly advanced artificial intelligence systems by defining artificial intelligence systems with critical capabilities that would pose a grave national security threat if acquired or stolen by adversaries, reviewing and potentially drawing from approaches derived from Department of Energy practices for handling Restricted Data and Formerly Restricted Data, as well as approaches for handling other national security information; (R) assess the value of creating a centralized, highly secure, Department-led project to develop artificial general intelligence or other highly advanced artificial intelligence in a secure environment, including examination of the chain-of-command, size and location of such project, resources and personnel required, cyber and physical security protocols, counterintelligence and anti-espionage measures against the People’s Republic of China and other foreign adversaries, contingency and emergency response plans, and geopolitical considerations; and (S) prepare strategies to protect the weights of advanced artificial intelligence systems, core insights required to develop or deploy advanced artificial intelligence systems, and other sensitive technical information from highly resourced adversaries, including nation-states.; and (B) by adding at the end the following new paragraphs: (4) Adversary artificial intelligence analysis (A) In general The CDAO shall establish a dedicated analytical cell to continuously monitor, assess, and report on the progress of the People’s Republic of China and other adversaries designated by the Secretary in developing artificial general intelligence and advanced artificial intelligence capabilities for military and intelligence applications. (B) Duties Such analytical cell shall— (i) coordinate with the Defense Intelligence Agency, the National Security Agency, the Central Intelligence Agency, and other elements of the intelligence community to ensure timely access to classified reporting on adversary artificial intelligence development programs; (ii) produce, not less frequently than annually, classified assessments of adversary artificial intelligence military capabilities, including identified applications in autonomous weapons systems, command and control, intelligence analysis, cyber operations, electronic warfare, and information operations; (iii) develop and maintain a classified database of identified People’s Republic of China artificial intelligence military programs, key personnel, institutional relationships, supply chain dependencies, and assessed capability timelines; (iv) assess the effectiveness of existing United States technology control and denial measures in constraining adversary artificial intelligence capabilities and recommend modifications as needed, in coordination with other relevant interagency bodies; (v) develop specific countermeasure recommendations and identify vulnerabilities in adversary artificial intelligence systems that could be exploited to maintain United States military advantage; and (vi) identify strategies for improving strategic competition relating to advanced artificial intelligence, including strategies to ensure United States leadership in global artificial intelligence competition and strategies to avoid or mitigate national security threats from such competition. (C) Personnel The analytical cell required by this paragraph shall include personnel with demonstrated expertise in People’s Republic of China military modernization, technical artificial intelligence competence, and intelligence analysis. (5) Countermeasure development The CDAO shall, in coordination with the Under Secretary of Defense for Research and Engineering and the Director of the Defense Advanced Research Projects Agency, develop and maintain a classified program of research and development focused on countermeasures against adversary artificial intelligence-enabled military capabilities, including autonomous weapons systems, artificial intelligence-directed cyber operations, artificial intelligence-enhanced intelligence collection, and artificial intelligence-enabled command and control systems. (6) Workforce requirements (A) In general Not later than 180 days after the date of the enactment of this paragraph, the CDAO shall develop and submit to the congressional defense committees minimum qualification standards for personnel assigned to artificial general intelligence preparedness functions under this section, including requirements for technical expertise in machine learning, neural network architectures, computational infrastructure, and artificial intelligence safety and alignment research. (B) Hiring authority The CDAO shall establish a competitive hiring authority, consistent with section 1599f of title 10, United States Code, to recruit and retain individuals with demonstrated expertise in advanced artificial intelligence research and development from private industry, academia, and national laboratories. (C) Technical staff Not less than 50 percent of the technical staff assigned to artificial general intelligence preparedness functions under this section shall possess graduate-level education or equivalent professional experience in artificial intelligence, machine learning, computer science, or a directly related field. (D) Exchange program The Secretary of Defense shall establish an exchange program with leading artificial intelligence research laboratories and companies to provide personnel assigned to functions under this section with rotational assignments of not less than 90 days to maintain current technical expertise. (E) Report Not later than one year after the date of the enactment of this subparagraph, and annually thereafter, the CDAO shall submit to the congressional defense committees a report on the status of workforce recruitment and retention for functions under this section, including the number of billets authorized and filled, attrition rates, average tenure, and an assessment of the competitiveness of Department compensation relative to the private sector for comparable artificial intelligence positions. (7) Senior leader artificial intelligence education (A) In general The CDAO, in coordination with the Chairman of the Joint Chiefs of Staff, shall develop and implement an artificial intelligence education program for all general and flag officers, members of the Senior Executive Service within the Department, and combatant command staff principals. (B) Elements Such program shall include— (i) technical foundations of current artificial intelligence capabilities and limitations; (ii) the current state and projected trajectory of artificial general intelligence development; (iii) adversary artificial intelligence military capabilities and doctrine, with emphasis on People’s Republic of China programs; (iv) artificial intelligence-enabled operational concepts and their implications for force design and employment; and (v) artificial intelligence safety, alignment, and control challenges relevant to military applications. (8) Operational integration The CDAO shall, in coordination with the Joint Staff and the combatant commands, develop a plan to integrate artificial general intelligence preparedness findings into joint operational planning processes, including updates to contingency plans, campaign plans, and global force management allocation plans, not later than one year after the date of the enactment of this paragraph. (9) Interagency coordination on export controls and technology protection The CDAO shall coordinate with the Bureau of Industry and Security of the Department of Commerce, the Committee on Foreign Investment in the United States, the Department of Energy, and other relevant interagency bodies to— (A) assess the effectiveness of technology control measures in constraining adversary access to artificial intelligence capabilities; (B) recommend modifications to export control lists, end-use restrictions, and investment screening criteria as needed to address emerging artificial intelligence-related threats; and (C) ensure that classification guidance developed under subsection (d)(2)(G) is updated to address artificial general intelligence and advanced artificial intelligence systems.; (3) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; (4) by inserting after subsection (e) the following new subsection: (f) Reports, briefings, and accountability (1) Initial report and briefing Not later than 180 days after the date of the enactment of this subsection, the Secretary of Defense shall— (A) submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing— (i) the organizational structure, staffing requirements, and initial objectives of the AGI Preparedness Initiative described in subsection (a)(3); (ii) a comprehensive assessment of the performance of the CDAO in executing the duties established under this section since the date of the original enactment of this section, including an identification of specific deficiencies in organizational structure, personnel qualifications, interagency coordination, and operational impact; and (iii) the initial objectives and milestones for the duties added by the amendments to this section made by title II of the National Defense Authorization Act for Fiscal Year 2027; and (B) provide to such Committees a briefing on the matters set forth in the report. (2) Periodic reports and briefings Not later than 180 days after the submission of the initial report under paragraph (1), and annually thereafter, the Secretary of Defense shall— (A) submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the activities carried out under this section since the date of the last report under this paragraph, including— (i) any findings, assessments, and recommendations with respect to the national security implications of artificial general intelligence and advanced artificial intelligence; (ii) the progress of the CDAO against each benchmark established under paragraph (3); and (iii) a classified annex containing specific assessments of People’s Republic of China artificial intelligence military capabilities, the effectiveness of current export control measures with respect to adversary artificial intelligence development, and identified countermeasure priorities; and (B) provide to such Committees a briefing on the matters set forth in the report. (3) Performance metrics and accountability (A) In general Not later than 180 days after the date of the enactment of this paragraph, the CDAO shall submit to the congressional defense committees a set of measurable performance benchmarks and milestones for each duty described in subsection (d). (B) Elements Each report required under paragraph (2) shall include a detailed assessment of progress against each benchmark established under subparagraph (A), including specific explanations for any benchmarks not met and corrective actions planned. (4) Policy recommendations The CDAO shall provide policy recommendations to the Secretary of Defense, the President, and Congress relating to the national security implications of artificial general intelligence and advanced artificial intelligence, including recommendations for legislative action.; and (5) by adding at the end the following new subsection: (i) Additional definitions In this section: (1) The term artificial general intelligence means artificial intelligence systems that match or exceed human expert performance across a wide variety of domains, including chemical, biological, radiological, and nuclear applications, cyber offense, model autonomy, persuasion, research and development, and self-improvement. (2) The term CDAO means the Chief Digital and Artificial Intelligence Officer of the Department of Defense, or such successor official as the Secretary of Defense may designate.. (b) Conforming amendment The heading of section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 4061 note prec.) is amended by striking Joint artificial intelligence research, development, and transition activities and inserting Department of Defense artificial intelligence and artificial general intelligence activities. (c) Rule of construction Nothing in this section or the amendments made by this section shall be construed to limit or otherwise affect any authority of the Secretary of Defense or the Chief Digital and Artificial Intelligence Officer under section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061), as in effect on the day before the date of the enactment of this Act.